Justia Injury Law Opinion Summaries

The Supreme Court affirmed the judgment of the superior court in favor of Defendant in this defamation case, holding that the trial justice did not err by granting summary judgment as a matter of law.The jury returned a verdict in favor of Plaintiff on her slander claim. After the jury verdict was rendered, the trial justice granted Defendant's motion for judgment as a matter of law and, in the alternative, granted Defendant's motions for a new trial and a remittitur. The trial court granted Defendant's motion for judgment as a matter of law pursuant to rule 50 of the Superior Court Rules of Civil Procedure, concluding that Plaintiff failed to present sufficient evidence that Defendant made defamatory statements. The Supreme Court affirmed, holding that Plaintiff failed to prove that Defendant's statements were false or were made with actual malice. View "Fuoco v. Polisena" on Justia Law

The Supreme Court affirmed the judgment of the superior court against Plaintiff and in favor of Defendant with respect to claims for fraud, negligent misrepresentation, and unjust enrichment, holding that Plaintiff's appeal was not properly before the Court.Plaintiff's underlying claims seemed from a relationship between Plaintiff and Defendant. Plaintiff asserted that he and Defendant had committed to each other to be in a long-term relationship but that Defendant decided to end that relationship. Plaintiff argued that, but for Defendant's representation that they would remain together, Plaintiff would not have devoted his time, energy, and expertise to Defendant. The superior court granted summary judgment for Defendant on all counts. The Supreme Court affirmed, holding that Plaintiff's appeal was untimely. View "Paroskie v. Rhault" on Justia Law

The Supreme Court affirmed the judgment of the superior court entering summary judgment against Plaintiff and in favor of Defendants - Michael Baird, Mike's Professional Tree Services, Inc. (MPTS), and John Rossi - with respect to Plaintiff's personal injury claims, holding that the superior court did not err.This litigation arose from a serious injury that Plaintiff suffered while he was engaged as a foreman for a tree removal crew. Plaintiff filed a complaint alleging that Defendants had been negligent on the day of the accident. The central dispute between the parties on summary judgment was whether Plaintiff was employed by MPTS, as Defendants asserted, or whether Plaintiff was an employee of a related but distinct entity, as Plaintiff insisted. The hearing justice determined that MPTS was Plaintiff's employer and granted summary judgment for Defendants. The Supreme Court affirmed, holding that the hearing justice properly determined that Plaintiff was employed by MPTS and correctly granted Defendants' motion for summary judgment. View "Selby v. Baird" on Justia Law

The Supreme Court affirmed the order of the superior court granting summary judgment in favor of Gonsalves-Pastore Realty, LLC and dismissing Mauro Poletti's negligence complaint, holding that summary judgment was properly granted.Poletti entered into an agreement with Linda Glynn, a licensed real estate agent, to assist him in the purchase of real estate for investment purposes. Later, Glynn granted two mortgages on property purchased in furtherance of Poletti's investment plan and used the resulting funds in contravention of that plan. In his complaint, Plaintiff alleged that Gonsalves-Pastore, as Glynn's employer or principal, breached its fiduciary duty to Poletti to oversee Glynn such that Glynn was acting in the best interests of Poletti and that no loss would ever occur to Poletti. The hearing justice granted summary judgment for Gonsalves-Pastore. The Supreme Court affirmed, holding that the hearing justice did not err in (1) determining that no genuine issue of material fact remained as to whether or not a fiduciary relationship existed between Poletti and Gonsalves-Pastore; and (2) concluding that no genuine issue of material fact existed as to whether or not Defendant was liable for Glynn's alleged acts of malfeasance. View "Poletti v. Glynn" on Justia Law

In this negligence case, the Supreme Court affirmed the judgment of the superior court for Defendants on all counts in Plaintiffs' complaint, holding that Plaintiffs' claims were filed after the three-year statute of limitations had run and were not tolled by the discovery rule, the holding in Heck v. Humphrey, 512 U.S. 477 (1994), the exoneration rule, R.I. Gen. Law 9-1-20, or the doctrine of equitable tolling.Polanco was convicted of assaulting a bar patron with a pool cue. The responding police officer, Michael Camardo, filed no report. After Polanco was convicted, two witnesses swore in affidavits that Polanco was not the assailant. The trial justice granted a new trial, and the State dismissed the case against Polanco, who had been incarcerated for thirty-two months. Polanco and his wife later sued the City of Providence and Camardo, alleging negligence. Defendants moved for summary judgment on the grounds that the complaint was time-barred. Plaintiffs objected, arguing that the discovery rule or equitable tolling should apply. The hearing justice granted summary judgment for Defendants. The Supreme Court affirmed, holding that the complaint was untimely and Plaintiffs' claims were not tolled. View "Polanco v. Lombardi" on Justia Law

In this negligence action, the Supreme Court affirmed the order of the superior court denying Plaintiffs' motion for a new trial following a jury verdict in favor of Defendant, holding that the trial justice did not abuse his discretion in denying the motion for a new trial.Plaintiffs alleged that Defendant's negligence caused an automobile collision and that Plaintiffs suffered damages as a result. The jury rendered a verdict in favor of Defendant. Plaintiffs filed a motion for a new trial, which the trial justice denied. The Supreme Judicial Court affirmed, holding that the trial justice did not overlook or misconceive material evidence in finding that reasonable minds could differ as to whether Defendant was liable and that the trial justice correctly performed his role when ruling on Plaintiffs' motion for a new trial. View "Dominguez v. Otero" on Justia Law

In this property dispute, the Supreme Court affirmed in part and vacated in part the judgment of the superior court granting Defendants' motion for summary judgment based on the ground of prosecutorial immunity, holding that the hearing justice erred in applying prosecutorial immunity to the Building and Zoning Official for the Town of Cumberland (Building Official Hall) and the Town of Cumberland (Town).Plaintiffs sued the Solicitor for the Town of Cumberland (Solicitor Hefner), Building Official Hall, and the Town, claiming negligence, private nuisance, trespass, intentional infliction of emotional distress and seeking declaratory judgment and injunctive relief after Plaintiffs' neighbor prevailed on an action against the Town regarding its agreement with the Town regarding a retaining wall abutting Plaintiffs' property. The hearing justice granted summary judgment in favor of Defendants. The Supreme Court vacated the decision in part, holding (1) Solicitor Hefner was entitled to prosecutorial immunity; (2) Building Official Hall failed to meet his burden of proof as to prosecutorial immunity; and (3) because this Court is vacating the superior court's decision with respect to Building Official Hall, the summary judgment decision with respect to the Town is also vacated. View "Diorio v. Hines Road, LLC" on Justia Law

In this slip-and-fall case, the Supreme Court affirmed the judgment of the superior court in favor of Defendants, holding that the trial justice properly granted summary judgment in favor of Defendants.Plaintiff sustained injuries when she tripped over a speed bump in the parking lot of a Walgreens Pharmacy. Plaintiff sued Walgreens and the landlords of the property, alleging negligence, premises liability, and vicarious liability. The trial justice granted judgment judgment for Defendants. The Supreme Court affirmed, holding that Plaintiff failed to produce competent evidence to establish that the speed bump presented an unreasonable danger or that it was negligently constructed and maintained. View "Yanku v. Walgreen Co." on Justia Law

The Supreme Court affirmed in part and quashed in part the final decree of the Workers' Compensation Court (WCC) upholding an award of accidental disability benefits for occupational cancer to Petitioner, holding that the WCC had jurisdiction to hear Petitioner's appeal but erred in finding that R.I. Gen. Laws 45-19.1-1 contains a conclusive presumption that all cancer in firefighters is occupational cancer.Petitioner served as a firefighter for the City of Cranston until he was diagnosed with colon cancer. Petitioner applied for accidental disability benefit based upon his cancer diagnosis. The Retirement Board of the Municipal Employees' Retirement System of Rhode Island denied the application, finding that Petitioner did not prove that his cancer arose out of and in the course of his employment as a firefighter. The WCC then filed his petition arguing that, pursuant to chapter 19.1 of title 45, all cancers contracted by firefighters are presumed to be work-related. The trial judge agreed and reversed the board. The Supreme Court quashed the decree in part, holding that chapter 19.1 of title 45 does not contain any presumption that all cancers in firefighters are occupational cancers. View "Lang v. Municipal Employees' Retirement System of Rhode Island" on Justia Law

The Supreme Court affirmed the judgment of the superior court dismissing Plaintiff's complaint against Child and Family Services of Newport County (CFS) alleging defamation, constructive termination, discrimination, and breach of the covenant of good faith and fair dealing, holding that the hearing justice properly dismissed Plaintiff's claims.Specifically, the Court held (1) where the complaint did not allege that CFS made any false statements about Defendant, Plaintiff did not sufficiently allege a claim for defamation; (2) Plaintiff did not properly plead a claim for breach of the covenant of good faith and fair dealing; (3) the complaint did not include sufficient facts to allege a prima facie case of either employment discrimination or a civil rights violation; and (4) the hearing justice did not err in dismissing the amended complaint with prejudice. View "Ferreira v. Child and Family Services of Rhode Island" on Justia Law